The Bombay high court on Monday asked the state govt to inform it on Aug 26 in how many cases it had lodged FIR against those who had secured double or multiple allotment (of flats) from the chief minister's (CM) discretionary quota claiming they didn't have houses. The govt has also been asked to inform in how many cases such double or multiple allottees had surrendered their flats or how many such wrongly allotted flats had been seized. The court said if the work was not completed by the stipulated time, it would come out with a time-bound programme to deal with the problem.
What is the CM's discretionary quota?
Under the CM's discretionary quota, the chief minister of the state could allot flats to people under various categories—freedom fighters, artists, sportspersons, journalists, government employees, etc.
What is the PIL all about?
The petitioner is challenging the double or multiple allotment of houses from the chief minister's discretionary quota. According to him, the beneficiaries were often people related to MLAs or MPs, or were influential politicians. The common man did not benefit from the policy. He also alleged that the govt had not taken action against those who had secured more than one flat by making false declarations, either by way of registering an FIR or cancelling the allotment.
Who filed the PIL?
Activist Ketan Tirodkar.
The division bench comprised of Justices Abhay Oka and AS Chandurkar.
What is the state's contention?
According to the state, a house is allotted to a person from the CM's discretionary quota on the condition that s/he does not own a flat in the limits of the city or district in which s/he lives. But in some cases, it had come to the govt's notice that people sought allotment after filing false affidavits affirming that they do not own flats.
Has the govt stopped allotting houses under CM's quota?
Yes. The govt had some time before informed the HC that it had stopped allotting houses from the CM's quota in keeping with the court's order.
What was the court's order?
On March 20, the high court had struck down the state's policy of allotting houses under the CM's quota. It described the policy as "illegal, irrational and unfair." The bench also restrained the state from making further allotments under the policy it had struck down.
What does HC wants the govt to do instead?
It has asked the state to frame a new policy that is transparent and fair.
What happens to those who had secured flats filing false declarations?
The state had told the court that such people would be prosecuted.